Staffing and Modern Treaties
Table of contents
Introduction
Modern treaties, also referred to as land claim agreements, define the legal, political and economic relationships between Indigenous partners, the federal government and provincial or territorial governments. These treaties are constitutionally protected (under section 35 of the Constitution Act, 1982) and are the result of good-faith negotiations.
This guidance provides information to hiring managers and HR specialists on applying the principles and provisions of the Public Service Employment Act and the Public Service Commission of Canada (PSC)’s Appointment Framework in a way that supports the objectives of modern treaties and their meaningful implementation within the federal public service. This guidance is expected to evolve over time as more agreements with employment-related provisions are negotiated.
Preference in hiring
Some modern treaties include employment-related provisions such as a preference in hiring. There are currently two modern treaties that provide a hiring preference:
- Nunavut Land Claims Agreement (hereafter referred to as the Nunavut Agreement)
- Yukon First Nations Final Agreements
This preference in hiring applies to both advertised internal and external appointment processes for positions located in Nunavut and Yukon. It applies to all appointment types (indeterminate, term, part-time worker, casual, acting and student appointments) regardless of length.
It does not apply to staffing actions that fall outside the scope of the Public Service Employment Act, such as assignments (including Interchange Canada assignments) and secondments, even if they are advertised.
Although preference applies only to advertised appointment processes, departments and agencies are encouraged to consider hiring persons covered by modern treaties when using non-advertised appointment processes.
Nunavut Agreement
The Nunavut Agreement, through Article 23, has specific obligations related to Inuit employment within government. It establishes the objective “to increase Inuit participation in government employment in the Nunavut Settlement Area to a representative level.” This is intended to work with the merit principle, based on a labour force analysis and an Inuit employment plan, together with pre-employment training and other appropriate measures.
Through Article 23, Inuit candidates enrolled under the Nunavut Agreement who meet the essential qualifications of the position must be appointed ahead of others.
The preference in hiring applies to all positions with a designated office location in Nunavut.
Order of consideration
When considering candidates in an advertised appointment process who meet the essential qualifications for a position in Nunavut, the following order applies:
| Treaty obligations |
1.1 Inuit enrolled under the Nunavut Agreement with a priority entitlement 1.2 Inuit enrolled under the Nunavut Agreement who are veterans eligible for preference (advertised external appointment processes only) 1.3 Inuit enrolled under the Nunavut Agreement |
| Public Service Employment Act obligations (section 39) | 2. Other persons with a priority entitlement |
| 3. Other veterans eligible for preference (advertised external appointment processes only) | |
| 4. Other Canadian citizens and permanent residents (advertised external appointment processes only) | |
| 5. Other persons |
Refer to the PSC’s Guide on Priority Entitlements for a full list of actions requiring priority clearance.
Yukon First Nations Final Agreements
Chapter 22 of the Yukon First Nations Final Agreements requires the Government of Canada to develop and implement a plan for attaining a public service that is representative of the “aboriginal/non-aboriginal and gender make-up of the population of the Yukon.” The Federal Representative Public Service Plan in Yukon was developed to provide measures to help achieve the goal of a representative public service in Yukon, including a two-tiered preference in hiring provision.
Under the two-tiered preference provision, candidates who meet the essential qualifications of the position who are Yukon First Nations must be appointed first, followed by a second tier for other Indigenous candidates who meet the essential qualifications.
The preference in hiring applies to all positions with a designated office location in the Yukon.
Order of consideration
When considering candidates in an advertised appointment process who meet the essential qualifications for a position in Yukon, the following order applies:
| Treaty obligations |
1.1 Yukon First Nations with a priority entitlement. 1.2 Yukon First Nations who are veterans eligible for preference (advertised external appointment processes only) 1.3 Yukon First Nations |
|
2.1 Indigenous Peoples with a priority entitlement 2.2 Indigenous Peoples who are veterans eligible for preference (advertised external appointment processes only) 2.3 Indigenous Peoples |
|
| Public Service Employment Act obligations (section 39) | 3. Other persons with a priority entitlement |
| 4. Other veterans eligible for preference (advertised external appointment processes only) | |
| 5. Other Canadian citizens and permanent residents (advertised external appointment processes only) | |
| 6. Other persons |
Refer to the PSC’s Guide on Priority Entitlements for a full list of actions requiring priority clearance.
Eligibility for preference
When applying through the Public Service Resourcing System for positions located in Nunavut or Yukon, applicants must respond to a screening question that allows the hiring manager or HR specialist to determine whether they are eligible for a modern treaty preference in hiring provisions.
Hiring departments and agencies must have the necessary information to be able to demonstrate that the order of preference has been respected for each appointment, even when an alternative resourcing system (other than the Public Service Resourcing System) is used to manage applications.
For positions in Nunavut, Inuit enrolled under the Nunavut Agreement are entitled to receive a Nunavut Inuit enrollment number, providing evidence of their enrollment as a Nunavut Inuk under the Nunavut Agreement. If any questions arise, the hiring organization, with the candidate’s consent, can refer to the Inuit Enrolment List to confirm a person’s status by contacting Nunavut Tunngavik Incorporated.
Hiring managers and HR specialists must respect confidentiality and approach verification with cultural sensitivity.
Considerations
Area of selection
The preference in hiring applies within the area of selection set by the deputy head for each appointment process. When advertising positions located in Nunavut or Yukon, managers should consider establishing the area of selection as broadly as possible, to maximize access to potential candidates covered by a modern treaty.
For example, in an advertised internal appointment process, the area of selection could be:
- Persons employed at Department A occupying a position in Whitehorse, and Indigenous persons employed across Canada.
For advertised external appointment processes, the minimum area of selection is national, with exceptions and exclusions as listed in the PSC’s Appointment Policy.
Did you know? Persons employed in territorial governments are designated as part of the public service for mobility purposes in advertised internal processes that are open to “persons employed in the public service.” Refer to the PSC’s Reference List for the full list of departments and agencies entitled to mobility provisions.
For more information on area of selection, refer to the PSC’s guidance product: Spotlight on area of selection.
Priority entitlements
For positions located in areas covered by modern treaties, the PSC will refer all interested persons with a priority entitlement. Departments and agencies must then determine whether those referred are eligible for the preference provisions under the applicable modern treaty, based on the orders of consideration listed above.
In a non-advertised appointment process, persons with a priority entitlement are also to be considered according to the orders of consideration listed above.
Managing the appointment process
Preference for candidates covered by a modern treaty applies at the time of each appointment, regardless of when the pool was created. However, under the Public Service Employment Act, managers can assess candidates in the order of their choice, using different assessment approaches.
For example, hiring managers may choose to apply preference at the screening stage by first assessing candidates who have a preference under a modern treaty for the area where the position is being staffed. Alternatively, all candidates may be assessed together, with preference being applied at the appointment stage.
For more information on preference for appointment, refer to the PSC’s guidance product: Spotlight on Preference for Appointment.
Employment equity appointment versus preference in hiring
Preference in hiring under a modern treaty is separate from Employment Equity Act provisions, which do not allow departments and agencies to target specific subgroups, such as Inuit, First Nations or Métis. Employment equity measures under the Public Service Employment Act only apply when a gap is identified through workforce analysis. In contrast, the modern treaties set specific objectives for a representative workforce. For more information on employment equity considerations, refer to the PSC’s guidance product: Employment Equity – Leveraging Staffing Options for Hiring Managers.
Support
Hiring managers can contact their human resources services to discuss how specific situations are addressed within their department or agency.
The PSC provides staffing support advisors for each department and agency.
Other resources
Explore culturally informed strategies, best practices and practical resources for creating respectful, inclusive and equitable hiring processes for Indigenous people with the Indigenous Recruitment Toolkit (accessible only on the Government of Canada network).